Absence of Malice?

Published 4:00 am, Sunday, March 17, 1996

1996-03-17 04:00:00 PDT SAN FRANCISCO -- The following is a partial text of a telegram from Mayor Alioto to Gardner Cowles, publisher of Look magazine, on August 30, 1969.

"I regret your incredible decision to refuse me a hearing with you or with your editors on Look's article about me.

"Your telegram was the first word from Look itself that an article about me was to be published. Never once have I been interviewed, questioned or contacted by a full time staff member or editor of your magazine.

"On the contrary I was denied a hearing by anyone who could affect or edit the material of two young free lance writers. Apparently, the two proceeded from rumors which experienced and thoroughly responsible reporters on the two major San Francisco newspapers spent months investigating and found totally untrue and without substance.

"The editor of the San Francisco Chronicle told a Senate committee that he is totally unaware that any responsible story can demonstrate any unsavory gossip in connection with Mayor Alioto. Furthermore, Mayor Alioto has conducted the affairs of our city with dignity, courage and compassion.

"Your statement that a meeting with your editors would accomplish nothing 'since the article has been substantially printed and it would be too late to do any editing' is shocking to me. It exhibits an inhumane and a reckless disregard for truth. Inconsistent with your reputed integrity.

"In my view it establishes actual malice on your part and removes you from the protection of the Supreme Court's decision in New York Times vs. Sullivan.

"I have a strong commitment to debate and free expression on public issues and on the actions of political figures. It should be uninhibited, robust and wide-open in the public interest. But this does not excuse defamation accompanied by malice or reckless disregard of truth as is disclosed in your refusal to grant me a hearing on a story that responsible local media have rejected as untrue.

"So that there will be no question, I categorically deny that I have ever had any connection, direct or indirect, with Mafia or underworld activities of any nature whatever. Hence, any statement, implication or innuendo in your article would be false and libelous." &lt;